Digital Commons Network^™

A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam

Villanova Environmental Law Journal (1991 - )

No abstract provided.

2023 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Michael J. Burstein, Vice Dean, Professor of Law, Herald

Presiding:

Selma Botman, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Welcome Remarks:

Melanie Leslie, Dean, Benjamin N. Cardozo School of Law; Class of 1991

Commencement Address:

Hon. Joseph A. Greenaway Jr., United States Court of Appeals for the Third Circuit

Student Remarks:

Xènia Campàs Gené, LL.M. Class Speaker, Class of 2023

Talia Heller, J.D. Class Speaker, Class of 2023

Student Bar Association Awards:

Hannah Petitti, SBA President, …

Florida’S Market-Based Property Reforms And Revocation Of One-Way Attorney Fees: Implications For Florida Policyholders, Jae Lynn Huckaba

University of Miami Law Review

The recent turmoil in the Florida property insurance market has pushed the Florida legislature to take affirmative action to restabilize the market. But as Florida continues to enact market-based insurance reforms, residents are left to suffer the consequences, especially where the reforms incentivize insurers to unreasonably deny coverage and leave residential policyholders without recourse. The purpose of this Article is to highlight those consequences, including the difficulty of litigating residential property coverage claims under Florida law.

It's Not A Rule: A Better Way To Understand The Definition Of Income, Alice G. Abreu, Richard K. Greenstein

Florida Tax Review

In this Article we propose a thought experiment: What if we were to think about the problems Professor Kahn poses from the perspective of income-as-standard? Doing so will allow us to explore the utility of such an approach in a concrete way. Professor Kahn develops the commercial/noncommercial distinction by working through a series of interesting hypothetical scenarios, and we use these scenarios as the foundation of our thought experiment. In Part II, which follows this Introduction, we examine those scenarios using the income-as-standard approach. In Part III we compare the application of rule-based and standard-based approaches to the general issue …

A New Paradigm For Irs Guidance: Ensuring Input And Enhancing Participation, Leslie Book

Florida Tax Review

This article highlights how, in light of the increasing role that the IRS plays in the lives of individuals with fewer resources, the IRS will increasingly have to go beyond the mechanism of formal APA notice and comment, a mechanism that the IRS has not consistently used, and one which the IRS has claimed does not apply as a legal matter to much of its rulemaking functions at any rate. Part II of this article briefly introduces the context in which the IRS conducts its rulemaking activities. Part III discusses the APA notice-and-comment regime generally, and more specifically focuses on …

Wofford Today Summer 2023, Wofford College. Office Of Marketing And Communications

Wofford Today

No abstract provided.

Long Range Campus Plan Update And 201 Golden Gate Avenue Mixed-Use Project Environmental Impact Report Scoping Meeting, Uc Law Sf

Long Range Campus Planning Archive

No abstract provided.

Uc Law Sf Long Range Campus Plan 2023 Update: For A Sustainable And Resilient Academic Village, Uc Law Sf

Long Range Campus Planning Archive

No abstract provided.

2022-2023 Annual Report, Heyman Center On Corporate Governance

Heyman Center Reports

The 2022-2023 Annual Report of The Samuel & Ronnie Heyman Center on Corporate Governance at Cardozo Law School highlights key events, the Heyman Scholars Program, and the diverse curriculum offerings. Featuring insights from industry experts and faculty, the report showcases the Center's commitment to excellence in business and corporate law education.

Modern Diploma Privilege: A Path Rather Than A Gate, Catherine Martin Christopher

Minnesota Law Review Vols. 106:2 onward (2021-present)

This Article proposes a modern diploma privilege—a licensure framework that allows state licensure authorities to identify what competencies are expected of first-year attorneys, then partner with law schools to assess those competencies. Freed from the format and timing of a bar exam, schools can assess a broader range of competencies over longer time horizons. This will allow the development of law school curricula aimed at preparing students to assist clients rather than to pass the bar exam. The modern diploma privilege is structured as an ongoing partnership between licensure authorities and schools, which means that changes can be easily made …

Client-Centered Legal Education And Licensing, Deborah Jones Merritt

Minnesota Law Review Vols. 106:2 onward (2021-present)

Clients are central to law practice, yet they play a limited role in both legal education and licensing. This article challenges legal educators and bar examiners to become more client-centered. The article draws upon empirical data demonstrating the importance of client-related, hands-on skills in law practice, and then outlines innovative approaches to licensing that would assess those skills alongside other foundational knowledge and skills. If adopted, these innovative licensing paths would treat aspiring lawyers fairly, encourage law schools to focus more heavily on client-related skills, and protect the public more effectively than written bar exams.

Why Are These Justices Using The Shadow Docket More Than Past Justices?, Benjamin H. Barton

Nevada Law Journal

No abstract provided.

Unh: The Magazine Of The University Of New Hampshire, Summer 2023, Unh Magazine

UNH Magazine

No abstract provided.

Municipal Perspectives On Managed Retreat, Kristin Uiterwyk, Kimberly Starbuck

Urban Harbors Institute Publications

As coastal municipalities work to address the impacts of climate change, they need access to a variety of strategies. One under-utilized option is managed retreat. To better understand benefits and barriers to retreat, UHI conducted a survey of staff in coastal municipalities throughout Massachusetts. Responses from 47 municipalities showed that while some have considered retreat as a way to mitigate flooding and sea level rise impacts, few are implementing the strategy. The findings of this research, including open-ended responses in the appendix, can guide development of tools and resources to advance managed retreat.

Actually, You Don’T Have To Show Your Work: The Arkansas Court Of Appeals Tells Trial Courts That When They Award Attorneys’ Fees In Domestic Relations Cases, They Need Not Explain The Basis For The Awards Or The Basis For The Amount Of The Awards, Terrence Cain

University of Arkansas at Little Rock Law Review

Arkansas follows the “American Rule,” which is that each litigant is responsible for his or her own attorneys’ fees unless a statute says otherwise. This rule is not without exceptions, however, and one such exception is the “domestic relations exception,” which says that Arkansas’s trial courts have the inherent authority to award attorneys’ fees in domestic relations cases. Between 2016 and 2021, the Arkansas Court of Appeals decided cases with attorneys’ fees awards ranging from $14,190 to $36,284.60, which one judge of that court remarked evidenced an ever-escalating amount of fee awards in domestic relations cases.

At one point, when …

Immigration Status As A Social Determinant Of Health: Provider Perspectives, Elisabeth Brodbeck

Dissertations, Theses, and Capstone Projects

This project examines how immigration is understood as a social determinant of health through the perspective of medical providers and social workers. Through the bridging of immigration studies in sociology and social epidemiology and public health, I demonstrate the need to bring these disciplines together to understand how immigration and legal status are encountered in clinical settings. I conducted a qualitative research study, specifically open-ended interviews with medical providers and social workers, to understand how providers currently screen for complex social determinants of health, and more specifically, how they engage with immigration as a factor influencing health during their patient …

"They Don't Know What They Don't Know": A Study Of Diversion In Lieu Of Lawyer Discipline, Leslie C. Levin, Susan Saab Fortney

Faculty Scholarship

Lawyer misconduct can have devastating consequences for clients. But what is the appropriate regulatory response when lawyers make less serious mistakes? For almost thirty years, jurisdictions have offered some lawyers diversion in lieu of discipline. Diversion is intended to help educate lawyers or treat those with impairments so that they do not reoffend. Yet remarkably little is known about how diversion operates, whether it is used appropriately, and how well it seems to work. This Article addresses these questions. It draws on the limited published data and on interviews with disciplinary regulators in twenty-nine jurisdictions about their use of diversion. …

The Next Gerneration Professional: An Opportunity To Reframe Legal Education To Center Student Wellness, Benjamin Afton Cavanaugh

Hofstra Law Review

The article discusses the challenges of mental wellness and mental health in legal education, particularly in law schools. It highlights issues like depression, anxiety, and stress among students and legal professionals. It emphasizes the need for reform in legal education to address these mental health concerns and advocates for a more comprehensive approach to promote well-being in the field.

Medical-Legal Partnership As A Model For Access To Justice, Yael Cannon

Georgetown Law Faculty Publications and Other Works

The United States is plagued with a “justice gap” that leaves many Americans with unmet civil legal needs. Americans with low income do not receive the legal help they require for as many as 92% of their substantive civil legal problems. The justice gap requires many legal aid agencies to triage, becoming “emergency rooms” for clients with unmet legal needs. This national crisis calls for new innovations so that access to justice (A2J) can function more like primary care, promoting better use of resources and preventing legal crises that can cause long-lasting harm.

Medical-Legal Partnerships (MLPs) embed lawyers in healthcare …

Heal The Hood: An Exploration Of Community And Organizational Assets In Chicago's Twentieth Ward, Jasmine James

Dissertations

This study seeks to expand upon Empowerment Theory (Rappaport, 1984) by utilizing Asset Based Community Development to better understand what community members and organizations deem as current strengths and needs of Chicago’s twentieth ward. The questions that this dissertation explores are What strengths exist in Chicago's 20th ward that can lead to empowerment for the community and What are community members' perspectives on what is needed in the 20th ward for community members to thrive? In order to explore these questions, this dissertation moves away from the terminology of “community needs assessment” and chooses to rather focus on Asset Based …

Fighting The Invisibility Of Domestic Violence, Yesenny Fernandez

Dissertations, Theses, and Capstone Projects

Analyzing the invisibility of domestic violence in New York City as 32% of women in the city experience intimate partner physical violence. In this project, domestic violence refers to all different kinds of violence that occur in a home between all the members who live there regardless of whether they are intimate partners or not. The data focuses on all the daily calls received by the New York Police Department (NYPD) and NYC Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) regarding domestic violence related incidents such as physical, psychological, emotional, and sexual violence, or murder. Even though many …

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

University of Richmond Law Review

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson

Alaska Law Review

Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in 2022 brought SDVCJ to Alaska's rural Native communities. This landmark achievement was made possible by decades of advocacy from Alaska's tribal, state, and federal leadership. In the wake of VAWA 2022, Alaska tribes and tribal justice systems face several significant legal, political, and cultural challenges. This Article outlines the legal …

Denying The Disability: The Phrase “Regular Occupation” In Long-Term Disability Benefit Plans, Luke Nelson

Penn State Law Review (2003 - Present)

No abstract provided.

Ticketing Poverty: An Analysis Of The Discriminatory Impacts Of Public Intoxication By-Laws On People Experiencing Homelessness In Montreal, Emily Knox, Jeanne Mayrand-Thibert, Michelle Pucci

Dalhousie Journal of Legal Studies

Municipalities like Montreal penalize what they consider public disturbances through by-law infraction citations, or “tickets,” that are issued to people experiencing visible homelessness at a disproportionate rate. This is a pattern we observed over the course of two years during our time at a legal clinic providing legal information to people in precarious housing situations. In this article, we propose that Montreal’s by-laws prohibiting public drinking and public intoxication adversely impact unhoused people and are discriminatory under the Quebec Charter of Human Rights and Freedoms, a quasi-constitutional human rights instrument unique to Quebec. Drawing from research by criminologists and …

Exclusion From Income Of Compensation For Services And Pooling Of Labor Occuring In A Noncommercial Setting, Douglas A. Kahn

Florida Tax Review

When cash is received for services, it typically will constitute gross income to the recipient. But what if the payments are made in a noncommercial setting such as the payment by a parent to a child for mowing the lawn or performing household chores? As discussed later in this Essay, there are reasons to conclude that such payments do not constitute income. The problem of how to treat receipts from a noncommercial activity frequently arises in the context of an exchange of services. A similar problem arises when services are provided by several persons pursuant to a pooling of labor …

Tax Lawyers, Tax Defiance, And The Ethics Of Casual Conversation, Michael Hatfield

Florida Tax Review

This essay is to help tax lawyers decide how to handle casual conversations centered on denying, defying, or destroying the tax system. One option is to walk away, ending the conversation and silencing the dialogue. The next option is to engage.

#Nofilter: How Discovery Filter Teams Breach Privilege Rights And Why They Require Stricter Regulation, Kelly Murray

Global Business Law Review

This note examines the Supreme Court’s substantial need to weigh in on how filter teams should be used given current circuit splits and identifies several best practices to remedy the issues they currently present. Part I discusses the principal issues for which filter teams are scrutinized. Namely, numerous district courts hold that filter teams provide the government with the unfair advantage of determining which materials from their opposing counsel are privileged. This often leads to an overly broad inclusion of privileged documents, which can violate defendants’ Sixth Amendment rights to a fair and complete trial. Some courts even go so …

Ndls Communicator: Week Of 05.30.22, Notre Dame Law School

NDLS Communicator

The Latest News

• G. Marcus Cole reappointed as dean of Notre Dame Law School
• Paolo Carozza receives ND faculty award
• Becket Fund for Religious Liberty presents ND Law Dean G. Marcus Cole with 2023 Legal Service Award
• ND Law to hold third annual Notre Dame Religious Liberty Summit in London
• UK House of Lords member David Alton to receive 2023 Notre Dame Prize for Religious Liberty
• Conference in Chile explores religious liberty and educational pluralism in Latin America and the Caribbean
• Professor Marah Stith McLeod holds criminal law workshop at Notre Dame’s Kylemore Abbey
• Program on Church, State & Society …

Natural Law, Assumptions, And Humility, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This review of Natural Property Rights celebrates Eric Claeys’s efforts to resuscitate natural law as a viable approach to property law. Although readers unlikely to be convinced that natural law is the way to best understand property rights, Claeys succeeds in breathing new life into natural law. Natural Property Rights’ emphasis on use as property law’s fundamental value creates space to reconceptualize the rights of property owners and the place of non-owners within a just theory of property rights. The main critiques of Natural Property Rights offered in this review center around the choice to prioritize rights over duties and …